Local Law No. 4 - Control of Livestock

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Overview

The objectives of this Local Law are to:

  1. regulate the movement and droving of livestock through and within the Municipal District and the grazing of livestock within the Municipal District;
  2. minimise any damage to road pavements, formations, drainage, vegetation, properties and surrounding areas arising from livestock;
  3. minimise the spread of livestock disease and noxious weeds in the Municipal District;
  4. provide for the welfare of livestock when being driven, grazed or moved;
  5. alert other road users to the presence on roads of livestock in the Municipal District in the interests of safe use of roads;
  6. control the manner in which livestock are driven to provide, as far as possible, for the safety of users of streets and roads within the Municipal District;
  7. regulate the adequacy of fencing of livestock;
  8. put in place mechanisms for rectifying inadequate fencing;
  9. empower Authorised Officers to impound livestock in appropriate circumstances;
  10. fix fees or charges relating to the impounding of livestock and all other costs incidental thereto and for road use by livestock within the Municipal District;
  11. enter arrangements with neighbouring Councils relating to impounding, collecting trespassing livestock, housing and releasing those livestock;
  12. prescribe penalties for contravention of any provisions of this Local Law;
  13. provide generally for the peace, order and good government of the Municipal District including in particular the administration of Council’s powers and functions; and
  14. repeal any redundant Local Laws.

Livestock on roads

  1. Subject to sub-clause (2), a person who owns or is in charge of livestock must not cause or allow the livestock to be on a road unless in accordance with a permit and:
  1. the livestock are being driven:
    1. through the Municipal District; or
    2. from outside the Municipal District towards a point of destination in the Municipal District; or
    3. from a location within the Municipal District to a point of destination outside the Municipal District; or
  2. the livestock are grazing.

Infringement Penalty: 5 Penalty Units

Maximum Penalty: 20 Penalty Units

          2. A person who owns or is in charge of livestock must not cause or allow the movement of livestock on a road unless the livestock are being           moved across or along a road in order to travel from one property to another or from one part of a property to another part in accordance           with this Local Law.

Infringement Penalty: 5 Penalty Units

Maximum Penalty: 20 Penalty Units

          3. No person who owns or is in charge of any livestock shall permit or allow the livestock to be present on any road within the Municipal                     District, with or without a permit under sub-clause (1), unless a person who is competent in the management of livestock is present at all                times.

Infringement Penalty: 5 Penalty Units

Maximum Penalty: 20 Penalty Units

Droving of livestock

  1. Any person who owns or is in charge of any livestock, and proposes to undertake the droving of livestock (as defined in this Local Law), from outside or within the Municipal District, or through any part of the Municipal District towards a point or destination within or outside the Municipal District, must not do so without a permit.

Infringement Penalty: 2.5 Penalty Units

Maximum Penalty: 10 Penalty Units

2. An application for a permit for droving of livestock must be made at least twenty (20) business days prior to the date on which the person in charge of the livestock proposes to commence to drove the livestock through the Municipal District.

3. An application for a permit for the droving of livestock must be made in the form required, and accompanied by the fee determined, by Council from time to time.

4. No permit for the droving of livestock will be issued if:

  1. there are more than:
    1. 2,000 sheep, ewes, wethers and rams; or
    2. 400 large cattle; or
    3. 100 goats

    to be driven;

  2. Council or the Authorised Officer considering the permit application is not satisfied that the livestock are able to safely travel eight kilometres each day towards their destination;
  3. Council or the Authorised Officer considering the permit application determines that the roads proposed to be travelled:
    1. are or will be in use for the purpose for the droving of other livestock at the time proposed;
    2. are carrying such an extent of traffic or in such a condition or being used for such other purposes at the time proposed for the droving that the droving is impracticable; or
    3. have known critical and high  or medium conservation value  areas as set out in Council’s Roadside Management Plan that will be affected;
  4. the owner or drover or person in charge of the livestock refuses to pay the permit fees determined by Council from time to time or to provide any bond, guarantee or indemnity required by Council or the Authorised Officer considering the permit application as security against road or adjacent fence or property damage;
  5. the owner or drover or person in charge of the livestock does not provide evidence, to the satisfaction of Council or the Authorised Officer considering the permit application, of an ability to adequately water and feed the livestock and to safely contain them overnight;
  6. the owner or drover does not supply a declaration of their knowledge of the health and fitness of the livestock in a form acceptable to Council or the Authorised Officer considering the application; or
  7. a person proposing to introduce cattle into Victoria does not comply with any provision in the Livestock Disease Control Act 1994 affecting the introduction of livestock in Victoria.

5. Council or an Authorised Officer may, at their discretion, issue a permit to drove livestock through the Municipal District if:

  1. an application in writing in the form prescribed by Council from time to time has been submitted; and
  2. the applicable fee and bond, if any, have been paid; and
  3. the application includes all relevant approvals; and
  4. the Authorised Officer is satisfied that the livestock are fit to travel and the droving can be achieved in a safe manner.

6. A person who is in charge of livestock which are being driven on a road must ensure that:

  1. the livestock are supervised and under effective control at all times by a person aged eighteen (18) years or over who is competent in the management of such livestock so as to ensure the safety of all road users;
  2. livestock camped overnight are enclosed by a substantial and secure barrier (or otherwise isolated so as to prevent escape or danger to other road users);
  3. the carcass of any livestock under the person’s charge which dies on the road is properly disposed of;
  4. the livestock are only driven during daylight hours;
  5. the livestock are not driven on roads which Council or an Authorised Officer has notified the person must not be used for the driving of livestock;
  6. an Inspector of Livestock is notified if the person in charge of such livestock becomes aware or suspects that the livestock (or any of them) have a disease or have died of a disease listed as a notifiable disease under the Livestock Disease Control Act 1994; and
  7. they comply with the provisions of the Livestock Disease Control Act 1994 and the Prevention of Cruelty to Animals Act 1986 at all times.

Infringement Penalty: 2.5 Penalty Units

Maximum Penalty: 10 Penalty Units

7. Upon the issue of a permit under this clause, Council or the Authorised Officer issuing the permit may place an advertisement in a locally circulating newspaper containing information relating to the issue of the permit and any relevant permit conditions.

8. In considering an application for a permit, Council or an Authorised Officer may request additional information to be provided, including (but not limited to) a veterinary certificate certifying that the livestock are fit, healthy, and free from disease, and able to travel the minimum distance which the Authorised Officer proposes to specify.

Grazing of livestock

1. Any person who owns or is in charge of any livestock and proposes to undertake the grazing of livestock on a road within the Municipal District must not do so without a permit.

Infringement Penalty: 2.5 Penalty Units

Maximum Penalty: 10 Penalty Units

2. An application for a permit for the grazing of livestock must be made in the form required, and accompanied by the fee determined, by Council from time to time.

3. In considering an application for a permit for the grazing of livestock, Council or the Authorised Officer considering the permit application shall have regard to the “Indigo Shire Council Roadside Management Plan”.

4. A permit may require the permission of the State Roads Authority being obtained in respect of grazing on any declared roads.

5. Council or the Authorised Officer considering the permit application may give public notice of the grazing proposal and allow time for submissions prior to the permit application being decided.

6. Council or the Authorised Officer considering the permit application may require a person making a permit application in respect of a road which does not adjoin their own property to obtain agreement in writing from the owner of the land adjoining the road.

7. No permit for the grazing of livestock will be issued unless:

  1. the road or roads or part of them proposed to be grazed can be grazed without threat to areas of critical/high or medium conservation value ;
  2. the applicant has sought the approval of any relevant state or local authorities (including the State Roads Authority); and
  3. the applicant for the permit provides evidence to the satisfaction of Council or the Authorised Officer considering the permit application that:
    1. the livestock will be adequately supervised and effectively controlled;
    2. there will be compliance with all conditions of the permit;
    3. where required, the livestock are fit and healthy;
    4. the road or roads or part of them are at the time proposed suitable for grazing by livestock which can be undertaken without damage; and
    5. the application is consistent with Council’s Roadside Management Plan.

8. A person who is in charge of livestock, which are being grazed on a road, must ensure that:

  1. the livestock are supervised and under effective control  at all times by a person aged eighteen (18) years or over who is competent in the management of such livestock so as to ensure the safety of all road users;
  2. the carcass of any livestock under the person’s charge which dies on the road is properly disposed of;
  3. livestock are grazed only during daylight hours;
  4. signs conforming with the Manual and the Road Safety Road Rules 2017 are in place at all times that livestock are being grazed;
  5. appropriate precautions are taken to ensure that no damage occurs to road surfaces, furniture, drains, culverts, bridges and private entranceways or to trees and shrubs growing within the road reserve and that erosion is not caused by excessive grazing;
  6. in the event that livestock are causing damage, including where overgrazing occurs, they are removed from the road immediately;
  7. the person has a current public liability policy on which Council’s (and, where appropriate, the State Roads Authority’s) interest is noted, and that proof of such notation is produced to Council prior to commencement of grazing and any other time on request of an Authorised Officer;
  8. an Inspector of Livestock is notified if the person in charge of such livestock becomes aware or suspects that livestock (or any of them) have a disease or has died of a disease listed as a notifiable disease under the Livestock Disease Control Act 1994; and
  9. they comply with the provisions of the Livestock Disease Control Act 1994 and the Prevention of Cruelty to Animals Act 1986 at all times.

Infringement Penalty: 2.5 Penalty Units

Maximum Penalty: 10 Penalty Units

9. Permits to graze livestock will not be issued for areas designated high conservation value  under Council’s Roadside Management Plan.

Movement of livestock

A person may move livestock across and/or along a road to travel from one property being part of one farming enterprise to another property being part of that one farming enterprise, or from one part of a property to another part of the same property, providing that the following conditions are met:

  1. In respect of any movement, or part of any movement, outside of daylight hours, suitable warning lights conforming with the requirements of the Road Safety Road Rules 2017 are in place;
  2. The length of travel is minimised so far as is practicable;
  3. Areas of high conservation value roadsides are avoided or protected;
  4. The location of any road crossing is chosen having regard to the safety of all road users;
  5. Any other stock crossing requirements of the State Roads Authority or Council are met;
  6. There is compliance with any appropriate Code of Practice, including VicRoads ‘Manual for Traffic Control at Stock Crossings;
  7. Unless a grazing permit is obtained, the stock is moved at more than one (1) kilometre per hour;
  8. The livestock are, at all times, supervised and under effective control by a person aged eighteen (18) years or over who is competent in the management of such livestock so as to ensure the safety of all road users;
  9. Signs conforming with the Manual and the Road Safety Road Rules 2017 are to be placed on any approach roads and are removed when such crossings are not used for significant periods;
  10. When used outside daylight hours the crossing site is floodlit such that drivers have a clear view of the animals on the road and where possible the approach warning signs;
  11. If, due to the nature of the terrain, volume of traffic or visibility, a driver’s visibility of the livestock is, or is likely to become, restricted, additional warning is given to other road users;
  12. Where possible, the livestock are grouped prior to crossing and taken across as a group to minimise the time they are on a road;
  13. Livestock are not moved on any road reserve or carriageway if poor visibility conditions cause such travel to be a danger to traffic;
  14. Where there are 52 or more crossings in any 12-month period, a permit has been issued by an Authorised Officer for a permanent stock crossing; and
  15. Where livestock are to be moved across or along and across any road in fog or outside daylight hours, there is compliance with the Manual and the Road Safety Road Rules 2017.

Infringement Penalty: 2.5 Penalty Units

Maximum Penalty: 10 Penalty Units

Right of Way

  1. Livestock being driven in accordance with this Local Law have right of way over other livestock on a road.
  2. If a person responsible for livestock on a road is notified of the approach of livestock being driven on that road, the person must move the livestock for which they are responsible to an adjoining location or keep them separate from the travelling livestock by means suitable for the purpose.

Infringement Penalty: 2.5 Penalty Units

Maximum Penalty Units: 10 Penalty Units

Property Gates

It is the duty of the drover or person in control of livestock to open gates before passing other properties and close gates once past.

Infringement Penalty: 2.5 Penalty Units

Maximum Penalty Units: 10 Penalty Units

Warning signs

  1. A person involved in the droving of livestock, grazing of livestock or movement of livestock in the Municipal District must ensure that adequate warning of the presence of livestock on the road is given to other road users or potential road users in accordance with the Manual and the Road Safety Road Rules 2017.
  2. A person involved in the droving of livestock or grazing of livestock must ensure that signs are removed from the road at the time that such droving of livestock or grazing of livestock is completed, or otherwise deactivated in accordance with the Manual and the Road Safety Road Rules 2017.
  3. A person involved in the movement of livestock across a road must comply with the Manual and the Road Safety Road Rules 2017 to the extent that they are relevant.
  4. In addition to any other permit or livestock movement conditions relating to warning signs, the person in charge of livestock on roads must have regard to any:
    1. Australian Standards for such purposes;
    2. other signage for road safety having regard to topography, conditions, livestock type and numbers; and
    3. other requirements of the State Roads Authority. 

Administration - Permits, Fees and Delegations

Applying for a permit or exemption

  1. A person who wishes to apply for a permit or an exemption may do so by lodging an application with Council at least twenty (20) business days before the proposed activity, in the form and accompanied by the fee determined by Council from time to time.
  2. Council may require an applicant for a permit or an exemption to provide additional information before the application is determined.
  3. An Authorised Officer may determine that an application is to be the subject of public notice.

Fees

Council may determine the fees and charges that apply to permit and exemption applications and the administration of this Local Law from time to time.

Bonds

  1. Council or an Authorised Officer issuing a permit may require the permit holder to pay a bond.
  2. Council may retain all or part of a bond for the purpose and to the extent of:
    • the amount of unpaid daily fees due in relation to the livestock the subject of the permit; and
    • the cost to Council of any veterinary examination which an Authorised Officer determines is necessary.
    • the cost to Council of repairing any damage to roads, vegetation or other property which an Authorised Officer determines has occurred as a result of the driving or the grazing of the livestock; and

3. Council must refund a bond if:

  • the person who paid it applies to Council for a refund;
  • the application under sub-clause above is made within one month of the activity the subject of the permit being completed; and
  • an Authorised Officer determines that:
    • the permit holder has complied with the conditions of the permit; and
    • no damage has been caused to any roads, vegetation or other property as a result of the driving or the grazing of the livestock.

4. If a deduction is made from a bond before the activity the subject of the permit is completed, the permit holder must, within 48 hours, make further payment to maintain the amount of the bond at its original level.

5. In the event of any unpaid fees and the cost to Council of repairing any damage exceeding the amount of the bond, Council may recover the outstanding money in accordance with the Act.

Issue of permits

1. Council or an Authorised Officer may:

  1. issue a permit;
  2. issue a permit with conditions; or
  3. refuse to issue a permit.

2. A permit remains in force until the expiry date indicated on the permit, unless it is cancelled before the expiry date.

3. If no expiry date is indicated on a permit, the permit expires six (6) months after the day on which it was issued.

4. Council or an Authorised Officer may, during the currency of a permit, alter the conditions of the permit if Council or the Authorised Officer determines that it is necessary or appropriate to do so.

5. If Council or an Authorised Officer intends to alter the conditions of a permit under sub-clause (4), the permit holder must be provided an opportunity to make comment on the proposed alteration.

6. A person who undertakes an activity for which a permit has been issued must comply with the conditions of the permit.

Infringement Penalty: 2.5 Penalty Units

Maximum Penalty: 10 Penalty Units

Cancellation of a permit

  1. Council or an Authorised Officer may cancel a permit if:
    1. There has been a serious or ongoing breach of any condition of the permit;
    2. A Notice to Comply has been issued but not complied with within the time specified in the Notice to Comply;
    3. There was a significant error or misrepresentation in the application for the permit; or
    4. In the circumstances, the permit should be cancelled.
  2. Before a permit is cancelled under sub-clause (1), the permit holder must be provided with an opportunity to make comment on the proposed cancellation.
  3. In the event of cancellation of a permit, it is the responsibility of the permit holder to remove their livestock by transport as soon as practicable after cancellation.

Exemptions

Council may by written notice exempt any person or class of persons from the requirement to have a permit, either generally or subject to conditions.

Application offence

A person who makes a false representation or declaration (whether oral or in writing) in, or who intentionally omits relevant information from, an application for a permit or exemption is guilty of an offence.

Infringement Penalty: 2.5 Penalty Units

Maximum Penalty: 10 Penalty Units 

Enforcement

Notice to Comply

  1. An Authorised Officer may, by a written notice given to a person who the Authorised Officer determines is in breach of this Local Law, direct that person to remedy any situation giving rise to the breach.
  2. A Notice to Comply must state the:
    1. time and date by which the situation must be remedied; and
    2. action required to remedy the situation.
  3. A person who fails to comply with a Notice to Comply served on that person is guilty of an offence.

Infringement Penalty: 2.5 Penalty Units

Maximum Penalty: 10 Penalty Units

Offences

  1. A person who contravenes or fails to comply with:
    1. any provision of this Local Law; or
    2. contravenes or fails to comply with any condition contained in a permit issued under this Local Law, is guilty of an offence.
  2. If no penalty is specified in this Local Law for an offence:
    1. the infringement penalty shall be 2.5 penalty units; and
    2. the maximum penalty shall be 10 penalty units.

Infringement Notices

  1. As an alternative to prosecution, an Authorised Officer may issue an infringement notice to a person who has contravened this Local Law.
  2. Infringement notices issued for contraventions of this Local Law will be administered in accordance with the Infringements Act 2006, including warnings, issuing infringement notices and appeals.

Power of Authorised Officer to act in urgent circumstances

  1. In urgent circumstances arising as a result of a failure to comply with this Local Law, an Authorised Officer may act to the extent required to remove, remedy or rectify a situation without first serving a Notice to Comply if the Authorised Officer determines that the circumstances are or the situation is urgent and the time involved or difficulties associated with the serving of a Notice to Comply may place a person, animal, property or thing at risk or in danger.
  2. The person who caused the failure to comply with this Local Law may be required to pay the cost of the urgent action.

Power of Authorised Officer to impound

  1. An Authorised Officer may impound livestock:
    1. which are on a road other than in accordance with this Local Law; or
    2. which are in breach of this Local Law or any condition imposed by a permit; or
    3. where a permit has been cancelled and the livestock have not been removed within the stipulated time.
  2. Any livestock impounded by an Authorised Officer must be dealt with in accordance with the Impounding of Livestock Act 1994.